1. Pharmaceutical companies patent indigenous African knowledge and plants that have been the basis of Traditional Medicine for thousands of years Chigora, Masocha, and Mutenheri 07. Percyslage, Robert, Feddious, “The Role of Indigenous Medicinal Knowledge (IMK) in the Treatment of Ailments in Rural Zimbabwe: The Case of Mutirikwi Communal Lands.” Journal of Sustainable Development in Africa (Volume 9, No.2)
PLAN: The United States Federal Government will amend US Code Title 35, Part 2, Chapter 10, Section 102, to include traditional knowledge as prior art and require absolute novelty for all patents.
Funding: Supplementary appropriation
Enforcement: The US FDA will only approve medications which comply with this law.
Solv
1. Absolute novelty requires complete newness for requested patents, effectively excluding practices in other countries. Furthermore, defining traditional knowledge as ‘prior art’ or pre-existing knowledge can halt US abuses. DiMaro 02[Peter, “WIPO Patent Agenda Request for Command”, International Center for Technology Assessment/PatentWatch Project, February 15. http://www.wipo.int/patent/agenda/en/rfc/rfc1/0022.html]
2. Compensating Indigenous groups leads to Biodiversity Conservation Warner 06 [Jonathan B., Indiana University School of Law—Bloomington, “Using Global Themes to Reframe the Bioprospecting Debate”, Indiana Journal of Global Legal Studies 13.2,__link__]
3. Colonization is alive and well in the status quo Waziyatawin 11 (Waziyatawin, Waziyatawin is a Dakota professor, author, and activist from the Pezihutazizi Otunwe in southwestern Minnesota , 1-2-2011, "Colonialism on the Ground," Unsettling America, https://unsettlingamerica.wordpress.com/2011/01/02/colonialism-on-the-ground/#more-45, accessed 7/26/15) CH
MPX
1. The continued subjugation of the native dehumanizes and dooms the indigenous people to genocide, decolonization must occur to solve. Be skeptical of any movements that do not start with ridding the state of colonial oppression Razack 14 (Sherene Razack, Professor of Sociology and Equity Studies at the University of Toronto, 10-7-2014, "Sherene Razack on Our Settler Legacy," Possible Canadas, http://possiblecanadas.ca/en/sherene-razack-canadas-settler-legacy-2/) CH
Inh
1. Pharmaceutical companies patent indigenous African knowledge and plants that have been the basis of Traditional Medicine for thousands of years
Chigora, Masocha, and Mutenheri 07.
Percyslage, Robert, Feddious, “The Role of Indigenous Medicinal Knowledge (IMK) in the Treatment of Ailments in Rural Zimbabwe: The Case of Mutirikwi Communal Lands.” Journal of Sustainable Development in Africa (Volume 9, No.2)
2. Indigenous Peoples exploited by not being compensated and being forced to pay fines
Duke University, 2015 ‘Ethics of Biopiracy’ http://sites.duke.edu/amazonbiopiracy/ethics-of-biopiracy-3/
3. US Scientists steal indigenous people’s blood under pretext of lies
Eneal, Eastern Washington University, February 25 2015, Without Permission,
https://sites.ewu.edu/sciencesocietyculture/2015/02/25/without-permission/
PLAN: The United States Federal Government will amend US Code Title 35, Part 2, Chapter 10, Section 102, to include traditional knowledge as prior art and require absolute novelty for all patents.
Funding: Supplementary appropriation
Enforcement: The US FDA will only approve medications which comply with this law.
Solv
1. Absolute novelty requires complete newness for requested patents, effectively excluding practices in other countries. Furthermore, defining traditional knowledge as ‘prior art’ or pre-existing knowledge can halt US abuses.
DiMaro 02[Peter, “WIPO Patent Agenda Request for Command”, International Center for Technology
Assessment/PatentWatch Project, February 15. http://www.wipo.int/patent/agenda/en/rfc/rfc1/0022.html]
2. Compensating Indigenous groups leads to Biodiversity Conservation
Warner 06 [Jonathan B., Indiana University School of Law—Bloomington, “Using Global Themes to Reframe the Bioprospecting Debate”, Indiana Journal of Global Legal Studies 13.2,__link__]
Ad1
U
1. Manifest Destiny in Squo
Lubbrage, Michael T. Manifest Destiny - The Philosophy That Created A Nation http://www.let.rug.nl/usa/essays/1801-1900/manifest-destiny/manifest-destiny---the-philosophy-that-created-a-nation.php
2. Manifest Destiny reliance on belief in racial superiority
HistoryNethttp://www.historynet.com/manifest-destiny
3. Colonization is alive and well in the status quo
Waziyatawin 11 (Waziyatawin, Waziyatawin is a Dakota professor, author, and activist from the Pezihutazizi Otunwe in southwestern Minnesota , 1-2-2011, "Colonialism on the Ground," Unsettling America, https://unsettlingamerica.wordpress.com/2011/01/02/colonialism-on-the-ground/#more-45, accessed 7/26/15) CH
MPX
1. The continued subjugation of the native dehumanizes and dooms the indigenous people to genocide, decolonization must occur to solve. Be skeptical of any movements that do not start with ridding the state of colonial oppression
Razack 14 (Sherene Razack, Professor of Sociology and Equity Studies at the University of Toronto, 10-7-2014, "Sherene Razack on Our Settler Legacy," Possible Canadas, http://possiblecanadas.ca/en/sherene-razack-canadas-settler-legacy-2/) CH
2. This dehumanization is how the extermination of the natives ensues, only by portraying the native body as lesser can the colonizer justify the continuous oppression.
Gordimer 3 (Nadine Gordimer, 2003, Introduction of The Colonizer and the Colonized, by Albert Memmi, http://atlasarts.org.uk/wp-content/uploads/2015/03/Albert-Memmi-The-Colonizer-and-the-Colonized.pdf, pp. 22-24) CH